Nursing Home Foundation clashes with Madison County over USDA grant MOU; commissioners approve county draft

Madison County commissioners voted to approve a memorandum of understanding (MOU) to accept and disburse federal funds intended for local nursing homes after an extended discussion and a pointed exchange with Paul Marsh, who identified himself as "Paul Marsh, president of the Nursing Home Foundation." Marsh said the foundation had supported the homes with fundraising "to the tune of over $2,000,000" and expressed frustration that the county had not accepted a $1,000,000 award more quickly.

The disagreement centered on which version of the MOU should be executed and whether the county attorney's office should control the final document. One commissioner argued it was important that "your office should control the document at least as to final form for approval, seeing as how you have to be the ones to, you know, defend it at some point" and moved to approve the version included in the commissioners' packets. The motion was seconded and the board voted in favor.

Paul Marsh told the board the foundation had completed substantial paperwork and coordination with federal reviewers and Representative Zinke's office and said the group had "nothing to do with the process after that" and had experienced "stonewalling, adversarial relationship that's been going on for almost 2 years." County counsel and staff pushed back on some of Marsh's characterizations, arguing that the county's draft reflected necessary legal provisions and a record of how the project came to be.

County counsel described the county-drafted MOU as facilitating the transfer of federal funds to the nursing homes and said it "accomplishes what we all want, which is getting the money from the federal government and providing that to the nursing homes." Counsel noted the county's draft incorporated mutual indemnification language and had not adopted a clause placing all attorney fees on other parties. Marsh and his foundation representatives requested the latest draft; county staff agreed to send the version in the commissioners' packets to the foundation's counsel and to provide a copy to Marsh by email.

After discussion, a commissioner moved to approve the packet version of the MOU for execution; the motion was seconded and recorded aye votes carried the motion.

What this means: The county will proceed to execute the county-drafted MOU and move forward with disbursing the USDA grant under the approved terms. Marsh said he will follow up with the foundation's legal counsel and the USDA about next steps.

Next step: County staff will share the most recent county draft with the Nursing Home Foundation's counsel and proceed with execution per the commissioners' vote.